The Need To Have A Uniform And Codified Law In Saudi Arabia

By Dr. Hussain Agil
Keywords: Islamic law, criminal justice system, precedents, case law, human rights, women’s rights, codification. ,


This paper tackles the lack of uniformity in the applications of criminal law in Saudi Arabia (SA) which results in inconsistencies in decisions and further results in criticisms from the international community. The main argument presented is that the criminal justice system (CJS) could be improved through codification and adopting the use of precedents. The paper first discusses the consistency of crime and punishment in the country, touching on the CJS, the differing interpretations of the law, and the human rights issues attributed to SA. The discussion then shifts to the uniformity of criminal law, focusing on the need to have a generally applicable law and equality in the eyes of the law with an emphasis on the principles of case law and judicial precedents. Finally, the paper discusses the feasibility of attaining a uniform criminal law, considering the challenges, the government actions towards codification, and the impact on international relations.